Ten Rules Of The "War On Terrorism":
Obama's Agents And CIA Immune From A Liability For
Their Actions

16 April 2012

by Jacob G. Hornberger

I confess that I have trouble sometimes figuring
out the nature and logic of the so-called war on
terrorism. The following are what seem to be the
principles of this "war":

1. Since the "war on terrorism," according to U.S.
officials, is a real war, the president has all the
powers of a military commander in a real war, and
those powers, they say, are the same omnipotent powers
that are wielded by military dictators. Thus, during
the war on terrorism, the president wields the power
to take people into custody, torture them, incarcerate
them until the war is over, and even execute them,
perhaps after some sort of kangaroo trial by military
commission. Of course, all of these actions are
carried out by the president's agents in the military
and CIA, all of whom are immune from a liability for
their actions.

2. The war on terrorism is perpetual in nature,
since there are countless terrorists around the world.
The war will last at least through the lifetimes of
everyone living today. There is a possibility, albeit
remote, that it could come to an end in 100 years or
so from now. Since under international law enemy
prisoners of war can be held captive until hostilities
are ended, that means that captives in this "war" can
be held captive for the rest of their lives. On the
other hand, if U.S. soldiers or other U.S. personnel
are taken captive by enemy forces, such acts are
considered to be terrorism and the terrorists are
expected to release such captives immediately.

3. To wage the war on terrorism, the U.S. Empire
wields the authority to attack, invade, and occupy any
country on earth that might be harboring terrorists
now or in the future or that might have harbored
terrorists in the past. It also wields the authority
to send its agents into any country in the world to
kidnap people who are suspected of being terrorists
and transport them to secret prisons for indefinite
incarceration, torture, or execution. It can also
rendition the prisoner to a friendly dictatorial
regime for torture. The U.S. Empire also wields the
authority to assassinate any person suspected of being
a terrorist, including American citizens, anywhere in
the world, including within the United States.

4. No foreign regime or foreign citizen is
permitted to resist or oppose with force a U.S.
invasion or occupation of their country. Anyone who
resists the invasion or occupation will be taken
captive but will not be treated as a standard prisoner
of war. Instead, the resister, whether he wears a
uniform or not, will be considered to be a terrorist,
thereby being subjected to indefinite incarceration,
torture, and possibly execution. The resister can also
be prosecuted for terrorism before a kangaroo military
tribunal. If, on the other hand, U.S. soldiers are
taken captive, the captor must treat such soldiers
under the principles of the Geneva Convention and must
also release such soldiers immediately given that
taking them captive is considered an act of terrorism.
Agents of the CIA are not required to wear a uniform.

5. If any nation prosecutes any U.S. agent for
kidnapping people within that nation, such judicial
processes are null and void and will not be honored or
complied with. On the other hand, if any foreign agent
kidnaps people within the United States and renditions
them to a foreign prison, that is considered an act of
terrorism or possibly even an act of war.

6. The U.S. Empire has the authority to impose
sanctions and embargoes on any foreign nation as part
of the war on terrorism. On the other hand, no foreign
nation has the authority to impose sanctions or
embargoes against the United States; such an act is
considered terrorism or possibly even an act of war.

7. No other country is permitted to wage the war on
terrorism except under the strict auspices and control
of the U.S. Empire. Any country whose government
attempts to wage the war on terrorism independently of
U.S. control, such as by kidnapping, renditioning,
torturing, or assassinating a person residing here in
the United States or by a regime-change operation
against a pro-U.S. foreign regime, will be considered
a state sponsor of terrorism and be treated
accordingly.

8. If the enemy attacks a civilian target, he will
be prosecuted for terrorism. If the enemy attacks a
military target, he will also be prosecuted for
terrorism. On the other hand, the U.S. Empire will
have the authority to attack both civilian and
military targets as part of the war on terrorism,
especially if suspected terrorists are cavorting with
people who are not suspected of being terrorists.

9. Any person taken into custody in the war on
terrorism will be subject to being prosecuted by a
kangaroo military tribunal, one that will be empowered
to ignore the processes and procedures that U.S.
federal courts follow in terrorism prosecutions. There
is no speedy trial requirement and defendants can be
kept incarcerated for years before a trial is held.
Evidence against the accused can be acquired by
torture. Hearsay evidence can be used. Confessions can
be extracted from the accused through torture. Trials
can be held in secret.

10. When U.S. officials suspect someone of being a
terrorist, they have the option of sending him down
the federal court road or the kangaroo tribunal road
to be prosecuted for terrorism. Even if a person is
acquitted of terrorism in a federal court trial,
however, the U.S. military and CIA are empowered to
ignore the verdict of acquittal and take the person
into custody as a terrorist.

This "war on terrorism" sure is a fascinating
"war." I wonder why they haven't expanded its
principles to the "war on drugs."

Jacob Hornberger is founder and president of the
Future of Freedom Foundation.